1 [Seite: 001] The Humble
2Petition1
3and
4Advice,
5Presented unto His Highness
6the Lord
7Protector2
8by
9The Knights3, Citizens4, and Burgesses5
10assembled
11At the Parliament6, begun and held at Westminster the
1217th day of September, 1656, and there continued
13until the 26th day of June following, and then
14adjourned unto the 20th day of January, 1657;
15As also,
16Their Humble Additional and Explanatory
17Petition and Advice,7
18Presented unto His Highness in the same Parliament;
19Together with His Highness Consent unto the said
20Petitions, when they were respectively presented.
21London:
22Printed by Henry Hills and John Field, Printers to
23His Highness, 1657.↑
24 [Seite: 003] To
25His Highness
26the
27Lord Protector
28of the
298Commonwealth of England, Scotland,
30and Ireland, and the Dominions
31thereto belonging8:
32The humble Petition and Advice of the Knights,
33Citizens, and Burgesses now assembled in the
34Parliament of this Commonwealth.
↑
35We, the Knights, Citizens, and
36Burgesses in this present Par--
37liament Assembled, taking in--
38to our most serious Considerati--
39on the present State of these
409Three Nations, Joyned and
41United9 under Your Highness Protection,
42cannot but in the first place, with all Thank--
43fulness, acknowledge the wonderful Mer--
44cy of Almighty God in delivering us from
45that Tyranny and Bondage, both in our
46Spiritual and Civil Concernments, which
47the late King and his Party designed to
48bring us under, and pursued the effecting
49thereof by a long and Bloody War10; And also
50that it hath pleased the same gracious God
51to preserve Your Person in many Battels,
52to make You an Instrument for Preserving
53 [Seite: 004] our Peace, although environed with Ene--
54mies abroad and filled with turbulent, rest--
55less, and unquiet Spirits in our own bowels,
56that as in the treading down the Common
57Enemy and restoring us to Peace and Tran--
58quility, the Lord hath used You so eminent--
59ly and the worthy Officers and Soldiers of
60the Army (whose Faithfulness to the Com--
61mon Cause We and all good men shall ever
62acknowledge and put a just value upon): So
63also that he will use you and them in the Set--
64ling and Securing our Liberties as we are
65Men and Christians, to us and our Poste--
66rity after us, which are those great and glo--
67rious ends which the good People of these
68Nations have so freely, with the hazard of
69their Lives and Estates, so long and earnestly
70contended for. We consider likewise the con--
71tinual danger which your Life is in from
72the Bloody Practises both of the Malignant
73and discontented Party (one whereof, through
74the Goodness of God, you have been lately
75delivered from),11 It being a received Princi--
76ple amongst them, That no Order being
77Setled in your Life time for the Succession
78in the Government,12 nothing is wanting to
79bring us into Blood and Confusion and them
80to their desired ends, but the destruction of
81Your Person; And in case things should
82thus remain at Your Death, we are not
83able to express what Calamities would in all
84humane probability ensue thereupon, which
85we trust Your Highness (as well as we) do
86hold Your Self obliged to provide against,
87and not to leave a People, whose common
88Peace and Interest You are intrusted with,
89 [Seite: 005] in such a condition as may hazard both, espe--
90cially in this Conjuncture, when there seems
91to be an opportunity of coming to a Settle--
92ment upon just and legal Foundations; Up--
93on these Considerations, We have judged it
94a duty incumbent upon us to present and De--
95clare these our most just and necessary Desires
96to Your Highness.
97I.↑
98That Your Highness will be pleased by and
99under the Name and Stile13 of Lord Protector
100of the Commonwealth of England, Scotland,
101and Ireland, and the Dominions and Territo--
102ries thereunto belonging, To hold and ex--
103ercise the Office of Chief Magistrate14 of these
104Nations15 and to Govern according to this
105Petition and Advice in all things therein
106contained, and in all other things according
107to the Laws of these Nations and not other--
108wise; That Your Highness will be pleased
109during Your Life time to Appoint and De--
110clare the Person who shall, immediately after
111Your Death, Succeed You in the Govern--
112ment of these Nations.
113II.↑
114That Your Highness will for the future be
115pleased to Call Parliaments consisting of
116Two Houses16 (in such maner and way as shall
117be more particularly afterwards agreed and
118Declared in this Petition and Advice) Once
119in three Years at furthest or oftner, as the
120Affairs of the Nation shall require, That be--
121ing your great Council, and in whose Affe--
122 [Seite: 006] ction and Advice Your Self and this Peo--
123ple will be most safe and happy.
124III.↑
125That the ancient and undoubted Liberties
126and Priviledges of Parliament (which are
127the Birth-right and Inheritance of the Peo--
128ple, and wherein every man is interessteda) be
129preserved and maintained; And that You
130will not break or interrupt the same, nor suffer
131them to be broken or interrupted; And parti--
132cularly, That those persons who are legally
133chosen by a Free Election of the People to
134serve in Parliament may not be excluded
135from sitting in Parliament to do their Du--
136ties, but by Judgement and Consent of that
137House whereof they are Members.
138IV.↑
139That those who have Advised, Assisted, or
140Abetted the Rebellion of Ireland, and those
141who do or shall profess the Popish Religion17,
142be disabled and made uncapable for ever to be
143elected, or to give any Vote in the Election of
144any Member to sit or serve in Parliament;
145And that all and every person and persons
146who have Aided, Abetted, Advised, or Assisted
147in any War against the Parliament since the
148First day of January, One thousand six hundred
149forty one18 (unless he or they have since born
150Arms for the Parliament or Your Highness
151or otherwise given signal Testimony of his or
152their good Affection to the Commonwealth19
153and continued faithful to the same), And all
154such as have been actually Engaged in any
155Plot, Conspiracy, or Design against the per--
156 [Seite: 007] son of Your Highness, or in any Insurrection,
157or Rebellion in England or Wales20 since the Six--
158teenth day of December, One thousand six hun--
159dred fifty three21, shall be for ever disabled and
160made uncapable to be elected or give any vote
161in the Election of any Member to sit or serve
162in Parliament. That for Scotland none be ca--
163pable to elect or be elected to sit or serve in
164Parliament, who have been in Arms against
165the Parliament of England or against the Par--
166liament in Scotland before the first day of April,
167One thousand six hundred forty eight22 (except
168such as have since born Arms in the Service
169of the Parliament of England or Your High--
170ness or given other signal Testimony of their
171good Affection), Nor any that since the said
172First day of April, One thousand six hundred
173forty eight,23 have been in Arms or otherwise
174Aided, Abetted, Advised, or Assisted in any
175War against the Parliament of England or
176Your Highness, except such as since the First
177day of March, One thousand six hundred fifty
178one (old style),24 have lived peaceably and thereby
179given Testimony of their good Affection to
180the Parliament and Your Highness.
181Provided, That nothing in this Article
182contained shall extend to put any Incapacity
183upon any English or Scotch Protestants in
184Ireland,25 either to elect or be elected to serve in
185Parliament, who before the First day of
186March, One thousand six hundred forty nine26,
187have born arms for the Parliament or Your
188Highness or otherwise given signal Testimo--
189ny of their good Affection to this Common--
190wealth and continued faithful to the same;
191That all Votes and Elections, given or made
192 [Seite: 008] contrary or not according to the Qualifica--
193tions27 aforesaid, shall be void and of none effect;
194and that if any person or persons so uncapable
195as aforesaid shall give his or their Vote for
196Election of Members to serve in Parlia--
197ment, All and every such person and persons
198so Electing shall lose and forfeit one Years
199value of his and their respective real Estates28
200and one full third part of his and their respe--
201ctive personal Estates29, The one Moyety
202thereof to Your Highness and the other
203Moyety to him or them who shall sue for the
204same in any Court of Record30 by Action of
205Debt31, Bill32, Plaint33, or Information34, where--
206in no Essoign35, Wager of Law36, or Protection
207shall be allowed. And that the Persons who
208shall be Elected to serve in Parliament be
209such, and no other then such, as are persons of
210known Integrity, fearing God, and of good
211Conversation,37 and being of the Age of Twen--
212ty one Years, and not such as are disabled by
21339the Act of the Seventeenth Year of the late
214King, Entituled, An Act for Disenabling all per--
215sons in Holy Orders to Exercise any Temporal Ju--
216risdiction or Authority, nor such as are Publique
217Ministers38 or Publique Preachers of the Gospel.39
218Nor such as are guilty of any of the Offen--
219ces mentioned in 40an Act of Parliament bear--
220ing Date the Ninth of August, One thousand
221six hundred and fifty, Entituled, An Act against
222several Atheistical, Blasphemous, and Execrable Opi--
223nions derogatory to the honor of God and destru--
224ctive to humane society40; No common scoffer
225nor reviler of Religion or of any per--
226son or persons for professing thereof; No
227person that hath married or shall marry
228 [Seite: 009] a Wife of the Popish Religion, or hath
229trained or shall train up his childe or chil--
230dren, or any other childe or children under
231his tuition or government in the Popish Reli--
232gion, or that shall permit or suffer such childe
233or children to be trained up in the said Religi--
234on, or that hath given or shall give his con--
235sent that his son or daughter shall marry any
236of that Religion; No person that shall deny
237the Scriptures to be the Word of God, or the
238Sacraments, Prayer, 41Magistracy and Mi--
239nistery41 to be the Ordinances of God; No com--
240mon prophaner of the Lords Day42, nor pro--
241phane Swearer or Curser, no Drunkard or
242common haunter of Taverns or Alehouses.
243And that these Qualifications43 may be obser--
244ved, and yet the Priviledge of Parliament
245maintained, We desire that it may be by
246Your Highness consent Ordained That
247Forty one Commissioners be appointed by Act
248of Parliament, who, or any fifteen or more
249of them, shall be Authorized to Examine and
250try whether the Members to be Elected for
251the House of Commons44 in future Parlia--
252ments be capable to sit, according to the Qua--
253lifications mentioned in this Petition and Ad--
254vice; And in case they finde them not qualified
255accordingly, then to suspend them from sitting
256ting until the House of Commons shall, upon
257hearing of their particular Cases, admit them
258to sit; which Commissioners are to stand so
259Authorized for that end, until the House of
260Commons in any future Parliament shall
261nominate the like number of other Commis--
262sioners in their places; and those other Com--
263 [Seite: 010] missioners so to be nominated in any future
264Parliament, to have the same Powers and
265Authorities. That the said Commissioners
266shall certifie in writing to the House of Com--
267mons, on the first day of their meeting, the
268Causes and Grounds of their Suspensions of
269any persons so to be elected as aforesaid; That
270the Accusation shall be upon the Oath of the
271Informer45 or of some other person, That a
272Copy of the Accusation shall be left by the
273party accusing, in writing under his hand,
274with the party accused or, in his absence, at his
275house in the County46, 47City, or Town47 for
276which he shall be chosen, if he have any such
277house, or if not, with the Sheriff48 of the
278County, if he be chosen for a County, or with
279the Chief Magistrate49 of the City or Borough50
280for which he is chosen; And that the number
281of persons to be Elected and chosen to Sit
282and serve in Parliament for England,
283Scotland, and Ireland,51 and the
284distribution of the persons so chosen within
285the Counties, Cities, and Boroughs of them
286respectively, may be according to such propor--
287tions as shall be agreed upon and Declared in
288this present Parliament.52
289V.↑
290That your Highness will consent That
291none be called to Sit and Vote in the other
292House53, but such as are not disabled, but qua--
293lified according to the Qualifications menti--
294oned in the former Article, being such as shall
295be nominated by your Highness and appro--
296ved by this House; and that they exceed not
297Seventy in number, nor be under the number
298 [Seite: 011] of Forty (whereof the Quorum54 to be One and
299twenty), who shall not give any Vote by
300Proxies55; and that as any of them do dye or
301be Legally removed, no new ones be admit--
302ted to Sit and Vote in their rooms, but by
303consent of the House it self; That the other
304House do not proceed in any Civil Causes56, ex--
305cept in Writs of Error57, 58in Cases adjourned
306from Inferior Courts into the Parliament
307for difficulty, in Cases of Petitions against
308Proceedings in Courts of Equity58, and in Ca--
309ses of the Priviledges of their own House;
310That they do not proceed in any Criminal
311Causes whatsoever against any person crimi--
312nally, but 59upon an Impeachment of the
313Commons assembled in Parliament59 and by
314their consent; That they do not proceed in
315any Cause, either Civil or Criminal, but ac--
316cording to the known Laws of the Land and
317the due course and Custom of Parliament;
318That no final Determinations or Judge--
319ments be by any Members of that House in
320any Cause there depending, either Civil, Cri--
321minal, or Mixt, as Commissioners or Dele--
322gates to be nominated by that House, But
323all such final Determinations and Judge--
324ments to be by the House it self, Any Law
325or Usage to the contrary notwithstanding.
326VI.↑
327That in all other particulars which con--
328cern the calling and holding of Parliaments,
329your Highness will be pleased That the
33060Laws and Statutes60 of the Land be obser--
331ved and kept; and that no Laws be Al--
332tered, Suspended, Abrogated, or Repealed,
333 [Seite: 012] or new Law made, but by Act of Parlia--
334ment.
335VII.↑
336And to the end, there may be a constant
337Revenue for Support of the Government
338and for the Safety and Defence of these Na--
339tions by Sea and Land; We declare our
340willingness to Settle forthwith a Yearly
341Revenue of Thirteen hundred thousand
342Pounds, whereof Ten hundred thousand61
343Pounds for the Navy and Army, and Three
344hundred thousand pounds for the Support
345of the Government, and no part thereof to
346be raised by a Land Tax62; And this not to
347be altered without the consent of the Three
348Estates63 in Parliament; And to grant such
349other Temporary Supplies, according as
350the Commons64 Assembled in Parliament shall
351from time to time adjudge the necessities of
352these Nations65 to require; And do pray Your
353Highness That it be Declared and Enacted
354That no Charge66 be laid, nor no person be
355compelled to Contribute to any Gift67, Loan68,
356Benevolence69, Tax70, Tallage71, Aid72, or other
357like Charge without common consent by Act
358of Parliament, which is a Freedom the
359People of these Nations ought by the Laws
360to Inherit.73
361VIII.↑
362That none may be added or admitted to the
363Privy Council74 of your Highness or Succes--
364sors, but such as are of known Piety, and un--
365doubted affection to the Rights of these Na--
366tions, and a just Christian Liberty in matters
367 [Seite: 013] of [Religion, nor without consent of the]b
368Council, to be [afterwards approved by both]c
369Houses of Parliament, and shall not after--
370wards be removed but by consent of Parlia--
371ment, but may in the Intervals75 of Parlia--
372ment be suspended from the Exercise of his
373Place by your Highness or your Successors
374and the Council for just cause; and that the
375number of the Council shall not be above One
376and twenty, whereof the Quorum76 to be
377Seven, and not under; As also that after
378Your Highness death, the Commander in
379Chief77 under Your Successors, of such Army
380or Armies as shall be necessary to be kept in
381England, Scotland, or Ireland, as also all such
382Field-Officers at Land or Generals at Sea,
383which after that time shall be newly made
384and Constituted by Your Successors, be by
385consent of the Council and not otherwise;
386And that the standing Forces of this Com--
387monwealth78 shall be disposed of by the Chief
388Magistrate79, by consent of both Houses of
389Parliament sitting the Parliament; and in
390the Intervals of Parliament by the Chief
391Magistrate, by the Advice of the Council;
392And also that your Highness and Successors
393will be pleased to Exercise your Government
394over these Nations by the Advice of your
395Council.
396IX.↑
397And that the Chancellor, Keeper,80 or Com--
398missioners81 of the Great Seal of England82, the
399Treasurer83 or Commissioners of the Trea--
400sury84 there, the Admiral85, the Chief Gover--
401nor of Ireland86, the Chancellor, Keeper87 or
402 [Seite: 014] Commissioners88 of the Great Seal of Ireland89,
403the Chief Justices of both the Benches90, and
404the Chief Baron91 in England and Ireland, the
405Commander in Chief of the Forces in Scot--
406land, and such Officers of State there, as by
407Act of Parliament in Scotland are to be ap--
408proved by Parliament, and the Judges
409in Scotland hereafter to be made, shall be
410approved of by both Houses of Parlia--
411ment.
412X.↑
413And whereas your Highness out of your
414zeal to the glory of God, and the propagation
415of the Gospel of the Lord Jesus Christ
416hath been pleased to encourage a Godly Mi--
417nistery92 in these Nations93, We earnestly de--
418sire that 94such as do openly revile them or
419their Assemblies, or disturb them in the
420Worship or Service of God, to the dishonor
421of God, scandal of good men, or breach of
422the peace,94 may be punished according to
423Law; And where the Laws are defective,
424that your Highness will give consent to such
425Laws as shall be made in that behalf.
426XI.↑
427That the true Protestant Christian Reli--
428gion, as it is contained in the holy Scri--
429ptures of the Old and New Testament, and
430no other, be held forth and asserted for the
431publique profession95 of these Nations; And
432that a Confession of Faith, to be agreed by
433your Highness and the Parliament,96 ac--
434cording to the Rule and Warrant of the
435Scriptures, be asserted, held forth, and re--
436 [Seite: 015] commended to the people of these Nations;
437That none may be suffered or permitted by
438opprobrious Words or Writing, maliciously
439or contemptuously, to Revile or Reproach
440the Confession of Faith, to be agreed upon
441as aforesaid; 97And such who profess Faith
442in God the Father, and in Jesus Christ his
443Eternal Son, the true God, and in the Ho--
444ly Spirit, God coequal with the Father
445and the Son, one God blessed for ever,97 and
446do acknowledge the Holy Scriptures of the
447Old and New Testament to be the Re--
448vealed Will and Word of God, and shall in
449other things differ in Doctrine, Worship, or
450Discipline, from the Publique Profession held
451forth, Endeavors shall be used to Convince
452them by sound Doctrine and the Example of
453a good Conversation98; But that they may
454not be compelled thereto by Penalties, nor re--
455strained from their Profession, but protected
456from all Injury and Molestation in the pro--
457fession of the Faith and exercise of their Re--
458ligion, whilest they abuse not this Liberty to
459the Civil Injury99 of others or the Distur--
460bance of the publique Peace; So that this
461Liberty be not extended to Popery100 or Pre--
462lacy101, or to the Countenancing 102such who pub--
463lish horrible Blasphemies or practise or hold
464forth Licentiousness or Prophaneness under
465the profession of Christ102; And that those Mi--
466nisters or Publique Preachers, who shall
467agree with the publique Profession aforesaid
468in matters of Faith, although in their Judg--
469ment and Practice they differ in matters of
470Worship and Discipline, shall not onely have
471protection in the way of their Churches and
472 [Seite: 016] Worship respectively, but be esteemed fit and
473capable, notwithstanding such difference (be--
474ing otherwise duly Qualified and duly Ap--
475proved), of any Trust, Promotion, or Im--
476ployment whatsoever in these Nations that
477any Ministers103, who agree in Doctrine, Wor--
478ship, and Discipline with the publique Profes--
479sion aforesaid, are capable of; And all others
480who agree with the publique Profession in
481matters of Faith, although they differ in
482matters of Worship and Discipline as afore--
483said, shall not onely have protection as afore--
484said, but be esteemed fit and capable (notwith--
485standing such difference being otherwise duly
486Qualified) of any Civil Trust, Imploy--
487ment, or Promotion in these Nations; But
488for such persons who agree not in matters
489of Faith with the publique Profession a--
490foresaid, they shall not be capable 104of receiv--
491ing the publique Maintenance appointed for
492the Ministery.104 Provided, That this Clause
493shall not be construed to extend to enable
494such Ministers, or publique Preachers, or
495Pastors of Congregations105; But that they
496be Dis-enabled, and they are hereby
497Dis-enabled, to hold any Civil Imploy--
498ment, which those in Orders106 were or are
499Dis-enabled to hold, 107by an Act, Entituled,
500An Act for Disenabling all persons in Holy Or--
501ders to Exercise any Temporal Jurisdiction or
502Authority.107 And that your Highness will give
503Your Consent That all Laws108, Statutes109,
504Ordinances110, and Clauses111 in any Law, Sta--
505tute, and Ordinance, So far as they are
506contrary to the aforesaid Liberty, be Re--
507pealed.
508 [Seite: 017] XII.↑
509That all Acts112 and Ordinances of Parlia--
510ment made for the abolishing of Arch-Bishops
511and Bishops, and for the abolishing of Deans113,
512Deans and Chapters114, Canons115, Prebends116, and
513other Offices, and Titles of or belonging
514to any Cathedral117, or Collegiate Church,118 or
515Chappel119; and for the sale or other disposition
516of the Lands, Rents, and Hereditaments, unto
517any or either of them belonging, or for the
518sale or other disposition of the Lands, Rents,
519and Hereditaments of the late King, Queen,
520or Prince; or of the Lands of Delinquents,
521Fee-farm120, or other Rents, Forrest-Lands, or
522any of them, or any other Lands, Tene--
523ments, Rents, or Hereditaments, lately be--
524longing to the Commonwealth121, shall no way
525be impeached, but that they do remain good and
526firm; And that the security given by Act and
527Ordinance of Parliament for any Summe
528or Summes of monies, by any of the said
529Lands, the Excise122, or by any other Publick
530Revenue, and also the 123Securities given by the
531Publick Faith of the Nation123, and the Engage--
532ment of the Publick Faith for satisfaction of
533debts, may remain firm and good and not be
534made void by any pretence whatsoever.
535XIII.↑
536That all and every person and persons, who
537have Ayded, Abetted, Advised, or Assisted in any
538War against the Parliament since the first
539day of January, 1641124 (unless he or they have since
540born Armes for the Parliament or your High--
541 [Seite: 018] ness or otherwise given signal testimony of his
542or their good affection to the Commonwealth
543and continued faithful to the same); and all such
544as have been actually engaged in any Plot,
545Conspiracy, or Design against the Person of
546your Highness, or in any Insurrection or Re--
547bellion in England or Wales since the sixteenth
548of December, 1653.125 And for Scotland, that all
549and every person and persons who have been
550in Armes against the Parliament of England
551or against the Parliament in Scotland before
552the first day of April, 1648126 (except such as have
553since born Armes in the service of the Parlia--
554ment of England or your Highness or given other
555signal testimony of their good affection); and
556every person or persons, that since the said first
557day of April, 1648, have been in Armes or other--
558wise Aided, Abetted, Advised, or Assisted in a--
559ny War against the Parliament of England or
560your Highness (except such persons who ha--
561ving been in Armes or otherwise Abetted,
562Advised, or Assisted in any War against the
563Parliament of England or your Highness, since
564the first day of April, 1648), and were not in
565Armes against the Parliament of England or
566against the Parliament of Scotland before the
567first day of April, 1648, and have since the first
568day of March, 1651 (Old Stile),127 lived peaceably,
569and thereby given testimony of their good af--
570fection to the Parliament and your Highness,
571be made uncapable for ever of holding or en--
572joying of any 128Office or Place of Publick
573Trust128 in these three nations129, or any of them.
574Provided, that nothing in this Article con--
575tained shall extend to put any incapacity in
576 [Seite: 019] this Article mentioned upon any 130English or
577Scotish Protestants in Ireland130, who before the
578first day of March, 1649,131 have born Arms for the
579Parliament or your Highness or otherwise
580given signal testimony of their good affection
581to this Common-wealth and continued faith--
582ful to the same.
583XIV.↑
584And that your Highness will be pleased to
585consent that nothing in this Petition and Ad--
586vice conteyned, nor your Highness assent thereto,
587shall be construed to extend to the dissolving of
588this present Parliament, but that the same
589shall continue and remain until such time as
590your Highness shall think fit to dissolve the
591same.
592XV.d↑
593And that nothing conteyned in this Petition
594and Advice, nor your Highness consent there--
595unto, shall be construed to extend to the repealing
596or making void of any Act or Ordinance which
597is not contrary hereunto or to the matters
598herein conteyned, but that the said Acts and
599Ordinances not contrary hereunto shall conti--
600nue and remain in force in such manner as if this
601present Petition and Advice had not at all been
602had or made or your Highness consent thereun--
603to given.
604XVI.e↑
605And that all Writs132 issued out of the Chancery133 ,
606and all Writs and Patents134 of the 135Justices of
607the one Bench and of the other,135 Barons of the
608 [Seite: 020] Exchequer,136 Commissions of Oyer and Ter--
609miner,137 Gaol-deliveryf,138 and Justices of the
610Peace,139 And all other Commissions, Patents,
611and Grants, made and passed under 140the great
612Seal of England, Scotland, or Ireland,140 shall stand
613good and effectual in the Law, notwithstanding
614this Petition and Advice, or your Highness
615assent thereunto, or any 141Law, Statute, or
616Custome141 to the contrary; And that all Writs,
617and all Commissions, Indictments142, Informa--
618tions143, Process Actions144, Suits145, Bills146, or Plaints147,
619taken out or now depending in any Court of
620Record148 at Westminster149 or any other Court of
621Record in England, Scotland, or Ireland, or in the
622Town of Berwick upon Tweed;150 And all Process,
623Pleas, Demurrers, Continuances, and Pro--
624ceedings, in every such Writs, Indictments,
625Informations, Actions, Suits, Bills, and
626Plaints shall be retornable, stand good and
627effectual, and be prosecuted and sued forth,
628in such manner and form and in the same state,
629condition, and order, the Style and Teste of
630Proceedings, after passing of these presents,
631being made conformable thereunto this pre--
632sent Petition and Advice, or your Highness
633assent thereunto, or any Law, Custome, or usage
634to the contrary thereof in any wise notwith--
635standing; And that any variance that shall be
636occasioned by reason thereof, touching any the
637said Writs, process, or proceedings in the Name,
638Style, Teste151, or otherwise shall not be in any
639wise material as concerning any default or er--
640rour to be alledged or objected thereunto.
641 [Seite: 021] XVII.g↑
642And that 152your Highness and your Successors
643will be pleased to take an Oath, in such form as
644shall be agreed upon by your Highness and this
645present Parliament,152 to Govern these Nations153
646according to the Law.
647And in case your Highness shall not be satis--
648fied to give your consent to all the Matters and
649Things in this Humble Petition and Advice,
650that then nothing in the same be deemed of
651Force, to oblige the People of these Nations in
652any the particulars therein contained.154
653And these our desires being granted by your
654Highness, we shall hope (through the rich
655mercy and goodness of God) that it will prove
656some remedy to those dangers, distractions, and
657distempers which these Nations are now in,
658and be an effectual means to remove those jea--
659lousies and fears which remain in the mindes of
660many men concerning the Government of this
661Commonwealth155; And thereby we shall be en--
662abled and encouraged with all chearfulness, to
663the setling of such things, which shall be further
664necessary for the good of these Nations, and be
665most ready to joyn with You in promoting the
666work of Reformation,156 happily begun by your
667Highness, the regulating Courts of Justice,
668and abridging both the delaies and Charges of
669Law Suits, and apply our selves to such o--
670ther Courses and Councels as may be most like
671to heal our breaches and divisions, and to restore
672these poor Nations to a Union157 and consistencie
673 [Seite: 022] with themselves, & to lay a foundation of fur--
674ther confidence between your Highness and
675them to the rejoycing of the hearts of our
676friends and terror of our Enemies.
677Which Petition being presented
678the 25 day of May, 1657, His High--
679ness answer thereunto was read by the
680Clerk of the Parliament in these words:
681The Lord Protector doth consent.
682 [Seite: 023] To His
683Highness
684the Lord
685Protector158
686of the
687159Commonwealth
688of
689England, Scotland, and Ireland, and the Do--
690minions and Territories thereunto belonging:159
691The Humble Additional and Explanatory Petition160 and
692Advice of the Knights161, Citizens162, and Burgesses163 now
693assembled in the Parliament164 of this
694Common-wealth.
695London:
696Printed by Henry Hills and John Field, Printers to
697His Highness, 1657.↑
698 [Seite: 025] To
699His Highness
700the
701Lord Protector
702of the
703Commonwealth of England, Scotland,
704and Ireland, and the Dominions and Ter--
705ritories thereunto belonging:
706The Humble Additional and Explanatory Peti--
707tion and Advice of the Knights, Citizens, and Burgesses
708now Assembled in the Parliament of this Commonwealth.
↑
709Whereas upon the humble
710Petition and Advice of the
711said Knights, Citizens, and
712Burgesses now Assembled
713in the Parliament of this
714Common-wealth, lately
715Presented and Consented
716unto by your Highness, Cer--
717tain Doubts and Questions have arisen con--
718cerning some particulars therein comprised, for
719explanation whereof May it please your High--
720ness to declare and consent unto the Additions
721and Explanations hereafter mentioned, and may
722it be Declared with your Highness Consent;
723In the fourth Article.↑
724That such person and persons as invaded
725England under Duke Hamilton in the year 1648,165
726Or Advised, Consented, Assisted, or voluntarily
727contributed unto that war, And were for that
728cause debarred from publick Trust by the Par--
729liament of Scotland, be uncapable to Elect or
730 [Seite: 026] be Elected to sit and serve as Members of
731Parliament or in any other place of Publick
732trust, relating unto the fourth and thirteenth
733Articles in the Petition and Advice, excepting
734such as since have born Armes for your High--
735ness or the Parliament or have been admitted
736to sit and serve in the Parliament of this Com--
737monwealth and are of good life and Conver--
738sation166, or such as shall hereafter be declared
739by your Highness, with the Advice of your
740Council167, to have given some signal testimony of
741their good affection & continuance in the same.
742That the Proviso in the said fourth Article
743be explained thus, vi[delic][et] That such English and Sco--
744tish Protestants who (since the defection of the
745Earl of Ormond and the Lord Inchiquin,168 and
746before the first day of March, 1649169) have born
747Arms for and ever since continued faithfull
748to the Parliament or your Highness or have
749otherwise (before the said first day of March, 1649)
750given signal testimony of their good affection
751to this Commonwealth and have ever since
752continued faithfull to the same, shall not be de--
753barred or deemed uncapable of Electing or be--
754ing Elected to serve in Parliamant.
755And whereas in the said fourth Article Pub--
756lique Ministers170 or Publique Preachers of the
757Gospel are disabled to be Elected to serve in Par--
758liament, It is hereby explained and declared
759to extend to such Ministers and Preachers
760only, as have Maintenance for Preaching or are
761Pastors or Teachers of Congregations.
762In the said fourth Article.↑
763That insteadh of Commissioners to be ap--
764pointed by Act of Parliament to examine and
765 [Seite: 027] try whether the Members to be Elected for the
766House of Commons in future Parliaments be
767capable to sit according to the Qualifications171
768mentioned in the said Petition and Advice, there
769shall be the Penalty and Fine of One thousand
770pounds laid and inflicted upon every such un--
771qualified Member (being so adjudged) by the
772said house of Commons and imprisonment of
773his Person until payment thereof.
774And that the ensuing Clauses in the said
775Article, vi[delic][et] We desire that it may by your High--
776ness Consent be Ordained That forty and one Com--
777missioners be appointed by Act of Parliament, who,
778or five or more of them, shall be Authorized to examine
779and try whether the Members to be Elected for the
780House of Commons in future Parliaments be Capa--
781ble to sit according to the qualifications mentioned in
782this Petition and Advice, and in case they finde them
783not qualified accordingly, then to suspend them from
784sitting until the House of Commons shall, upon hearing
785their particular Cases, admit them to sit; which Com--
786missioners are to stand so Authorized for that end un--
787til the House of Commons in any future Parliament
788shall nominate the like number of other Commissioners,
789so to be nominated in any future Parliament to
790have the same Power and Authority. That the said
791Commissioners shall Certifie, in writing to the House of
792Commons on the first day of their meeting, the cause
793and grounds of their suspensions of any person, so to be
794Elected as aforesaid; That the Accusation shall be up--
795on Oath of the Informant172 or of some other person;
796That a Copy of the accusation shall be left by the party
797accusing, in writing under his hand,173 with the party ac--
798cused or, in his absence, at his house in the Country, 174City,
799or Town174 for which he shall be Chosen, if he have any
800 [Seite: 028] such House, or if not, with the Sheriff175 of the County176,
801if he be chosen for a County, or with the chief Magi--
802strate177 of the City or Burrough178 for which he is chosen;
803shall not be put in Execution or made use of,
804but shall be void, frustrate, Null, and of none
805effect, and shall be so construed and taken to all
806intents and purposes whatsoever, any thing
807contained in the said Petition and Advice to the
808contrary notwithstanding.
809In the fifth Article.↑
810That the Nomination of the persons to supply
811the place of such Members of the other House
812as shall die or be removed shall be by your High--
813nesse and your Successors.
814In the seventh Article.↑
815That the moneys directed to be for the supply
816of the Sea and Land Forces be issued by Advice
817of the Council, And that the Treasurer179 or
818Commissioners of the Treasury180 shall give an
819Account of all the said money to every Parlia--
820ment.
821That the Officers of State and Judges, in
822the Ninth Article of the said Petition and Ad--
823vice mentioned, shall be chosen in the Intervals181
824of Parliament by the Consent of the Council,
825to be afterwards approved by Parliament.
826That your Highness will be pleased, accor--
827ding to the usage of former Chief Magistrates
828in these Nations and for the better satisfacti--
829on of the People thereof, to take an Oath in the
830form ensuing:
831I do in the presence and by the Name of
832God Almighty promise and swear That to
833 [Seite: 029] the uttermost of my power I will uphold
834and maintain the true Reformed Protestant
835Christian Religion in the purity thereof, as
836it is contained in the Holy Scriptures of the
837Old and New Testament, to the uttermost
838of my power and understanding and incou--
839rage the profession182 and professours of the
840same; and that to the utmost of my power, I
841will Endeavour, as chief Magistrate of these
842three Nations183, the Maintenance and Preser--
843vation of the Peace and safety and of the just
844Rights and Priviledges of the people there--
845of; And shall in all things, according to my
846best knowledge and power, govern the peo--
847ple of these Nations according to Law.
848That your Highness Successors do, before
849they take upon them the Government of these
850Nations, take an Oath in the form aforesaid.
851That all such persons who now are or shall
852hereafter be of the Privy Council184 of your High--
853ness or Successors, before they, or either of them,
854do act as Councellors, shall respectively take an
855Oath before persons, to be authorized by your
856Highness and Successors for that purpose, in
857the form following:
858I, A. B., do in the presence and by the
859Name of God Almighty promise and swear
860That to the uttermost of my power, in my
861place, I will uphold and maintain the true
862Reformed Protestant Christian Religion in
863the purity thereof, as it is contayned in the
864 [Seite: 030] Holy Scriptures of the Old and New Testa--
865ment, and encourage the profession and pro--
866fessors of the same; And that I will be true
867and faithfull to His Highness the Lord Pro--
868tector185 of 186the Common-wealth of England,
869Scotland, and Ireland, and the Dominions
870thereto belonging,186 as Chief Magistrate
871thereof; And shall not contrive, design, or
872attempt any thing against the person or law--
873full authority of his said Highness; and shall
874keep secret all matters that shall be treated
875of in Councel, and put under secrecy, and
876not reveal them but by Command or con--
877sent of His Highness, the Parliament, or the
878Councel; and shall in all things faithfully per--
879form the trust Committed to me as a Coun--
880cellor, according to the best of my under--
881standing, in order to the good Government,
882peace, and welfare of these Nations.
883That the same Oath be taken by the mem--
884bers of your Highness Councel of Scotland and
885Ireland.187
886That every person who now is or hereafter
887shall be a Member of either house of Parlia--
888ment, before he sit in Parliament, shall from
889and after the first day of July, 1657,188 take an
890Oath before persons to be Authorized and ap--
891pointed by your Highness and Successors for
892that purpose, in the form following:
893I, A.B., do in the presence and by the name
894of God Almighty promise and swear that
895 [Seite: 031] to the uttermost of my power, in my place, I
896will uphold and maintain the true Reformed
897Protestant Christian Religion in the purity
898thereof, as it is contained in the Holy Scriptures
899of the Old and New Testament, & encourage
900the profession and professors of the same; and
901that I will be true and faithfull to the Lord
902Protector of the Commonwealth of England,
903Scotland, and Ireland, and the Dominions
904and Territories thereunto belonging, as Chief
905Magistrate thereof; And shall not Contrive,
906Design, or Attempt any thing against the
907Person or lawfull Authority of the Lord Pro--
908tector; and shall endeavour, as much as in me
909lies as a Member of Parliament, the preser--
910vation of the Rights and Liberties of the
911People.
912That your Highness would be pleased in
913convenient time, before the next meeting of this
914Parliament, to cause several summons in due
915form of Law to be issued forth to such persons
916as your Highness shall think fit (being qualified
917according to the Humble Petition and Advice of
918the Parliament, whereto your Highness hath
919consented) to sit and serve as Members in the o--
920ther house189 of Parliament; by which summons
921the said persons shall be respectively command--
922ed to be and personally to appear at a certain
923place and time, to be appointed by your High--
924ness, to give their Advice and Assistance and
925to do such things concerning the Great and
926 [Seite: 032] Weighty Affairs of this Commonwealth, as
927to the other House of Parliament doth apper--
928tain by the said Humble Petition and Advice.
929That the Persons so summoned and Assem--
930bled together shall be, and are hereby decla--
931red to be, the other house of Parliament; and
932shall, and may without further Approbation
933of this House, from such time of their Meet--
934ing proceed to do and perform all such mat--
935ters and things as the other House of Parli--
936ament ought to do and perform; and shall and
937may, have and exercise all such Priviledges,
938Powers, and Authorities as the other House
939of Parliament ought, by the aforesaid Humble
940Petition and Advise, to have and Exercise; the
941said Humble Petition and Advise, or any thing
942therein contained, to the contrary thereof not--
943withstanding.
944Which Petition being presented
945the 26 day of June, 1657, His
946Highness answer thereunto was
947read by the Clerk of the Parlia--
948ment in these words:
949The Lord Protector doth consent.
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